Content Highlights
Introduction
Medical staff who witness unsafe or illegal practices at work should understand healthcare whistleblower protection. Healthcare providers may see unethical conduct that endangers patient safety, yet hesitate to speak up out of fear of retaliation.
At Gardner Employment Law, we know the law that provides protection to whistleblowers, especially in the healthcare industry. Read on to learn more about your legal rights and best practices.
What Is Healthcare Whistleblowing?
Healthcare whistleblowing involves reporting unethical or illegal activities that could harm patients, violate healthcare regulations, or compromise integrity in healthcare settings. According to the National Whistleblower Center (NWC), a healthcare whistleblower is anyone who reports:
- Unsafe patient treatments
- Fraudulent billing practices
- Medication mismanagement
- Breach of patient confidentiality
You can report unsafe practices internally, for example to a compliance officer or hotline. Or you can report them to a governmental agency, such as OSHA, DOJ, or state boards. Both federal and state laws protect you if you make reports, either internally or externally.
A strong whistleblowing culture helps prevent issues from growing into widespread risks. Healthcare organizations must establish clear, anonymous reporting channels and protect whistleblowers from retaliation. Reports of unsafe practices will benefit everyone.
Which Federal Laws Protect Whistleblowers?
The primary federal statutes that protect whistleblowers are the FCA (False Claims Act), HIPPA (Health Insurance Portability and Accountability Act), and the Dodd-Frank Act, which monitors the financial industry, including publicly trade healthcare companies. These statutes provide protection
- False Claims Act (FCA): Encourages whistleblowers (qui tam relators) to report fraud against federal healthcare programs. Successful relators may recover a portion of damages.
- HIPAA: Provides protection for reporting the mishandling of patient data.
- Dodd–Frank Act: Applies when whistleblowers report securities violations involving publicly traded healthcare companies.
OSHA provides guidance in how to file a whistleblower’s claim.
In August 2024, the DOJ launched its Corporate Whistleblower Awards Pilot Program, which rewards reports related to:
- Federal healthcare offenses involving private or nonpublic benefit programs
- Fraud against patients, investors, and other non-government entities
- Violations not covered under the FCA
How Does Texas Protect Whistleblowers?
The Texas Health & Safety Code prohibits prohibit a hospital, mental health facility, or treatment facility from engaging in retaliation against an employee for reporting a violation of law to the employee’s supervisor, an administrator of the facility, a state regulatory agency, or a law enforcement agency. The statute
- Prohibits retaliation for reporting violations of law or substandard patient care
- Covers internal and external reporting
- Allows reports to the Texas Medical Board or Attorney General
In one notable case, called the “Winkler case,” two nurses nurses, Anne Mitchell and Vicki Galle, submitted an anonymous complaint against a physician with the Texas Medical Board. They reported unsafe patient care the rural hospital where they worked, the Winkler County Memorial Hospital. Not only were they both terminated from their jobs, but later the physician filed criminal charges. After appeals were taken, both nurses were acquitted. They later filed their own civil action and obtained a substantial settlement. The Winkler case underscores the legal strength whistleblowers can rely on when protected by state law.
Contact an Expert
Healthcare whistleblowing is an essential tool for protecting patient safety and maintaining healthcare integrity. Fostering a culture of transparency helps organizations mitigate legal and financial risks while upholding ethical standards.
If you have questions or concerns about whistleblowing in your healthcare organization, contact us today.